Employment Discrimination Archives - Page 13 of 29

Mark of the Beast

Clifford Geiger

11/08/2017

Employment Discrimination, Religious Discrimination

How does an employer comply with a statutory requirement that an employee says conflicts with a sincerely held religious belief? This issue has come up when an employee is fired after refusing to produce a social security number for religious reasons. Courts considering religious discrimination claims in this context have uniformly held that Title VII of the Civil Rights Act (“Title VII”) does not require an employer to accommodate an...

Darrell VanDeusen

10/24/2017

Employment Discrimination

As every first year law student learns, when a party files a lawsuit in federal court, the expectation is that sufficient facts will be alleged to state a claim upon which relief can be granted. When this does not occur, a defendant may file a motion to dismiss the lawsuit under Federal Rule of Civil Procedure 12(b)(6). Seems simple enough, but it is not. On one hand, there’s the Supreme Court’s decision in Swierkiewicz v. Sorema N.A., 534...

Kollman & Saucier

10/13/2017

Employment Discrimination, Sexual Orientation

The ink was still fresh on the DOJ’s October 4 memorandum recanting the federal government’s position that Title VII protects transgender individuals at work, as a drove of major U.S. businesses responded in opposition. In an amicus brief filed October 10, a group of 76 businesses and organizations demands equality in the workplace and urges the U.S. Supreme Court to grant certiorari in Evans v. Georgia Regional Hospital. Evans involves...

Kollman & Saucier

09/12/2017

Employment Discrimination, Pregnancy Discrimination

In Young v. UPS, Inc., the Supreme Court concluded that an employee who alleges that the denial of an accommodation amounted to disparate treatment under the Pregnancy Discrimination Act (PDA) may set forth a prima facie case by showing that she belongs to PDA’s protected class, she sought an accommodation, the employer refused to provide an accommodation, and the employer accommodated others “similar in their ability or inability to work.” ...

Darrell VanDeusen

08/28/2017

Agency Activity, Disability & Leave, Employee Benefits, Employment Discrimination

Healthcare in the U.S. is a hard issue. And it’s expensive too. Ok, you know that. Years ago, some employers concluded that one way to reduce healthcare costs was to figure out who might get really sick and then either not hire them, or fire them. Really a bad idea, and one that led to passage of the Genetic Information Non-Discrimination Act (GINA) and similar state laws. So, many employers looked to more “benign” ways to encourage...

Kollman & Saucier

08/22/2017

Employment Discrimination, Labor Law

Many of you have read or heard about the recent “Google memo” dispute. An employee of the search engine company named James Damore circulated an internal ten-page memo to Google’s other employees that has since gone viral and created a great deal of public discussion, especially after Google fired him based on the views he expressed. Regardless of what you may think of the views espoused by Mr. Damore in the memo, his conduct, and...

Kollman & Saucier

08/11/2017

Employment Discrimination, Gender Identity, Sex Discrimination, Sexual Orientation

Much like Star Wars fans anticipate the rolling out of Episode after Episode, I have observed the developing landscape of Title VII sex discrimination with the sort of excitement that ordinarily warrants a big tub of popcorn. The most recent activity is no exception. Two weeks ago, we reported on the Department of Justice’s statement that sexual orientation is not – nor should be – a protected category under Title VII. Last week, the...

Kollman & Saucier

08/09/2017

Disability & Leave, Employment Discrimination, Reasonable Accommodations/Undue Burden

Reminding us of the importance of lawful employment policies (and sticking to them!), the U.S. District Court for the Middle District of Tennessee recently decided that an African-American former employee may proceed with his Title VII retaliation and ADA failure to accommodate claims against the City of Lewisburg, Tennessee. La’Monn Harris v. The City of Lewisburg, Tennessee et al, No. 1:15-cv-00114, 2017 BL 265703 (M.D. Tenn. July 31,...

Kollman & Saucier

07/28/2017

Employment Discrimination, Sexual Orientation

In an amicus brief filed July 26, 2017, with the Second Circuit Court of Appeals, the Department of Justice declared that an employee's sexual orientation is not and should not be a protected status under Title VII of the Civil Rights Act of 1964. Stated simply: sex discrimination does not extend to sexual orientation discrimination because the "essential element of sex discrimination under Title VII is that employees of one sex must be treated...

Kollman & Saucier

07/18/2017

Agency Activity, Employment Discrimination

A recent ruling in a case between Google and the Office of Federal Contract Compliance Programs (OFCCP) shows some of the downside risks of doing business with the federal government. In Google’s case, it had the resources and the ability to push back a bit against the agency's findings. However, the case demonstrates why federal contractors need to have clear employment practices in place and understand that the government has broad powers to...

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Mark of the Beast

EEOC Lawsuit Tossed for Lack of Factual Allegations

Business Community Responds to Administration's Transgender Discrimination Memorandum

Failure to Accommodate Breastfeeding Police Officer Costs Alabama City

EEOC’s Wellness Program Rules Run into a Roadblock

Google and the "Sevens"

The Saga Continues for Title VII and Transgender Identity

Spider Bite Opens Up Major Wound for City

DOJ Goes Rogue On Whether Title VII Prohibits Sexual Orientation Discrimination

What Happens When You Put "OFCCP" Into Google?

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Category: Employment Discrimination

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